Darraugh v. Denny

Opinion op the Court by

Judge Clay —

Reversing.

J. C. Darraugli sued Franklin Clarke Denny, executor of the estate of liis deceased wife, Nancy A. Darraugh, io recover on a note for $2,500.00, subject to a credit of $525.00. The defendant pleaded non est factum, want of consideration and material alteration of the note. The first trial resulted in a verdict for plaintiff, which was set aside and a new trial granted. The second trial resulted in a hung jury, and a third trial in a verdict and judgment for defendant. Plaintiff appeals.

One of the grounds on which' a new trial was asked was the…